2. To ask the Scottish Government what “concrete action” it anticipates taking on the proposals outlined in relation to Michelle’s law, which were discussed in the debate on the Michelle’s law campaign on 6 September 2018. (S6O-02237)

The Scottish Government has already taken action in line with the Michelle’s law campaign. We amended the Parole Board rules in March 2021 to make it clear that the board can take account of the safety and security of victims and families when deciding upon a prisoner’s release.

In addition, individuals who are registered with the victim notification scheme are advised when a prisoner is first being considered for temporary release, and those who wish to can provide their views about that decision to the Scottish Prison Service. Victims can also make representations to the Parole Board for Scotland when someone is being considered for parole. Furthermore, the Parole Board can already set exclusion zones as a condition of parole licence, and parole licence conditions can include the requirement to be electronically monitored to stay away from a particular location or from named individuals, as well as the requirement to monitor that someone remains at a specified address at certain times.

I thank the Cabinet secretary for the response. When you are sitting opposite a mother as she describes the unimaginable pain of losing her daughter to murder and how that is exacerbated by the murderer being allowed out of prison without her being notified and by the murderer’s father being allowed to walk past her house so many times, the need for Michelle’s law becomes a stark reality.

The Victims, Witnesses, and Justice Reform (Scotland) Bill fails to introduce Michelle’s law, despite Humza Yousaf previously promising action. Does the cabinet secretary agree that Michelle’s law would give victims the reasons for a release decision in full and require—require—their safety to be considered in every case?

I very much appreciate the issues that Mr Whittle has raised in this regard and how different parts of the justice system can retraumatise victims.

However, I hope that he would accept that a change to the Parole Board rules, which are rooted in law, is a change in legislation.

Of course, there is always more to do. In Parliament, we are currently at stage 2 of the Bail and Release from Custody (Scotland) Bill, through which we hope that there will be improvements to the victim support system. In the not-too-distant future, we will also of course be debating the Victims, Witnesses, and Justice Reform (Scotland) Bill. There will therefore be ample opportunities for Mr Whittle and others to bring forward further improvements as required.

I was very pleased to see victims at the heart of the recently introduced Victims, Witnesses, and Justice Reform (Scotland) Bill. How will the Cabinet secretary ensure that both victims and their families are supported to stay involved in the bill’s passage through Parliament?

The bill has, indeed, been shaped and developed through engagement and consultation with victims and witnesses, who have had the courage and bravery to share their experiences. I have been clear that I will continue to engage with victims directly as well as through channels such as the victims task force, victims advisory board and Rape Crisis Scotland’s survivor reference group. I am sure that victims and witnesses and their families and advocates will also make their views known to Parliament as the bill progresses.